If you have a registered and transcribed preliminary there is no time limit. You had entered into a legal agreement and it is binding on both sides. Quite why the realtor decided to put in a caparra penitenziaria instead of a caprra confermatoria I dont know, the latter would have protected you more and made the seller pull his finger out. Did the realtor ask for his commission at preliminary? The comune cannot insist on agibilità As I said it is not yet obligatory except for a new build or if the work required a major building concession.
If you stipulated that there must be a certificato di agibilità in the preliminary, and there isnt. then the seller is at fault. Assuming that everuthing has been done legally and the preliminary is registerd at the Agenzia delle entrate etc etc - if the seller does not produce the certificate by the due date what can you do:....1. You can go to court and make him do it2. You can call it off and ask for double your deposit - which will probably mean going to court.3. You can wait. Its not a matter of cost - it is also probable that it is impossible to issue a cert of agibilità. Bear in mind that if you arent getting a mortgage, a cert of agibiltà is not obbligatory yet in Italy unless its a new house. There is no reason to say what you need one - and it may not change anything - unless you want to sell to someone who wants the certificate. The cert does nnot mean the house is not safe or secure, it basically means he did work without telling the comune and probably in nero. The 3 year bit is rubbish. You have a preliminary and you have the right to buy - he can sell to someone else but he must pay you off. It is valid indefinitely as it is a legal document. You have registered the preliminary, but was it also trasncribed?. What is the agent doing? Have you paid the agent? Hate to pessimistic but I dont think you will get agibilità, and you will be expected to sign the atto anyway.
If something is divisible or not doest mean the quotas or shares of ownership, but if the property is materially physically divisible. For example a piece of land can be divided up between owners, a house and land can also be divided - one person gets tthe house, and the other person the land. In the case of an apartment it would be judged indivisible unless it had two separate entrances (for examples) and could be physically divided into two or more units. In your case, if its a normal apartment it would be nigh on impossible to give your sister 4/36 of it - although I deal with houses where a room is owned by one person and another room by another - though fortuntely this practise isnt common any more. No Im not a solicitor. Im an estate agent who deals with clients from all over the world many of whom find themselves in your situation, so its something that Ive done for clients over the years, both buying and selling these 'complicated' properties. You in a way are lucky you only have 36s to deal with. I am selling a property that has 18 owners in 243s and one owner - who possesses 12/243 is against the sale - and he is being forced to either buy or sell by the others. its not necessarily straightforward, but it is possible.
An apartment is usually not judged divisible, so in order to get your sistr to sell her quota you will have to a) go to court and ask a judge to rule in favour of the other heirs. or b) put it on the market and when there is an offer, you can all sign a non binding compromesso, which you then send to your sister for her signature - she has 60 days to sign or buy. But I use the word techincally - she can hold things up for a long timeYou can also demand that she pay her share of the upkeep, and send her aletter offering to buy you out, or sell her quota. IF she says no or doesnt reply it gives you the opening to go to the judge and ask for a ruling. Shame because Minori is lpvely!
A US citizen needs a visa to be in the Schengen countries over a set period and then apply for a Permesso di Soggiorno to stay in Italy - in your mothers case it would be visa for dimora. As EU citizens you would need all the usual residential qualifications - private healthcare, bank balance to prove you wont be a strain onthe italian state, somewhere to live so act of purchase or rental contract. Your mother would need all of that too. So to recap: before she leaves the States she should get a Schengen visa. When she arrives in Italy applies for a Permesso di Soggiorno. You will arrive in Italy and ask for residence (once you have somewhere to live) which will require the same papework but no PdS. For the cats pet passports are fine, with the jabs (I think) within a month of travelling.
It depends on the property and on the quotas. You and your brother have 18/30 - how is the rest split? If the property is divisible then you cannot force your sister to sell. If a judge rules it is not divisible then she would have to buy out the other owners or sell according to her quota. If you and your brother are taking on all the expenses and taxes and have done for a number of years, it will play in your favour.
Comments posted
It is more likely that he did the work with a SCIA and didnt do the DURC - but as we have no details it is useless to speculate.
If you have a registered and transcribed preliminary there is no time limit. You had entered into a legal agreement and it is binding on both sides. Quite why the realtor decided to put in a caparra penitenziaria instead of a caprra confermatoria I dont know, the latter would have protected you more and made the seller pull his finger out. Did the realtor ask for his commission at preliminary? The comune cannot insist on agibilità As I said it is not yet obligatory except for a new build or if the work required a major building concession.
If you stipulated that there must be a certificato di agibilità in the preliminary, and there isnt. then the seller is at fault. Assuming that everuthing has been done legally and the preliminary is registerd at the Agenzia delle entrate etc etc - if the seller does not produce the certificate by the due date what can you do:....1. You can go to court and make him do it2. You can call it off and ask for double your deposit - which will probably mean going to court.3. You can wait. Its not a matter of cost - it is also probable that it is impossible to issue a cert of agibilità. Bear in mind that if you arent getting a mortgage, a cert of agibiltà is not obbligatory yet in Italy unless its a new house. There is no reason to say what you need one - and it may not change anything - unless you want to sell to someone who wants the certificate. The cert does nnot mean the house is not safe or secure, it basically means he did work without telling the comune and probably in nero. The 3 year bit is rubbish. You have a preliminary and you have the right to buy - he can sell to someone else but he must pay you off. It is valid indefinitely as it is a legal document. You have registered the preliminary, but was it also trasncribed?. What is the agent doing? Have you paid the agent? Hate to pessimistic but I dont think you will get agibilità, and you will be expected to sign the atto anyway.
If something is divisible or not doest mean the quotas or shares of ownership, but if the property is materially physically divisible. For example a piece of land can be divided up between owners, a house and land can also be divided - one person gets tthe house, and the other person the land. In the case of an apartment it would be judged indivisible unless it had two separate entrances (for examples) and could be physically divided into two or more units. In your case, if its a normal apartment it would be nigh on impossible to give your sister 4/36 of it - although I deal with houses where a room is owned by one person and another room by another - though fortuntely this practise isnt common any more. No Im not a solicitor. Im an estate agent who deals with clients from all over the world many of whom find themselves in your situation, so its something that Ive done for clients over the years, both buying and selling these 'complicated' properties. You in a way are lucky you only have 36s to deal with. I am selling a property that has 18 owners in 243s and one owner - who possesses 12/243 is against the sale - and he is being forced to either buy or sell by the others. its not necessarily straightforward, but it is possible.
An apartment is usually not judged divisible, so in order to get your sistr to sell her quota you will have to a) go to court and ask a judge to rule in favour of the other heirs. or b) put it on the market and when there is an offer, you can all sign a non binding compromesso, which you then send to your sister for her signature - she has 60 days to sign or buy. But I use the word techincally - she can hold things up for a long timeYou can also demand that she pay her share of the upkeep, and send her aletter offering to buy you out, or sell her quota. IF she says no or doesnt reply it gives you the opening to go to the judge and ask for a ruling. Shame because Minori is lpvely!
What is the property? A house, land, a house with land? As I said whether the property is divisible is the key.
A US citizen needs a visa to be in the Schengen countries over a set period and then apply for a Permesso di Soggiorno to stay in Italy - in your mothers case it would be visa for dimora. As EU citizens you would need all the usual residential qualifications - private healthcare, bank balance to prove you wont be a strain onthe italian state, somewhere to live so act of purchase or rental contract. Your mother would need all of that too. So to recap: before she leaves the States she should get a Schengen visa. When she arrives in Italy applies for a Permesso di Soggiorno. You will arrive in Italy and ask for residence (once you have somewhere to live) which will require the same papework but no PdS. For the cats pet passports are fine, with the jabs (I think) within a month of travelling.
It depends on the property and on the quotas. You and your brother have 18/30 - how is the rest split? If the property is divisible then you cannot force your sister to sell. If a judge rules it is not divisible then she would have to buy out the other owners or sell according to her quota. If you and your brother are taking on all the expenses and taxes and have done for a number of years, it will play in your favour.
Prima casa (if you are resident in Italy) pays TASI. Non residents pay IMU and TASI:
Sounds about right. You will pay more for bigger tiles, or laid in diamond shapes.